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HomeMy WebLinkAboutPC RES 34741 RESOLUTION NO. 3474 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION' OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP NO. 15326. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: That Tentative Tract Map No. 15326 was submitted to the Planning Commission by Vista Equities for consideration; and, B · That a public hearing was duly called, noticed and held for said map on September 23, 1996 by the Planning Commission; and, C~ That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. A Negative Declaration has been prepared; and, D . That the proposed subdivision is in conformance with the Tustin Area General Plan and Subdivision · Map Act as it pertains to the development of residential development; and, E . That the site is physically suitable for the type of development proposed; and, F. · That the site is physically suitable for the proposed density of development; and, G~ That the design, of the subdivision . or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife 'in their habitat; and, That the design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public, for access through or use of the property within the proposed subdivision; and, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3474 Page 2 I . That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. II. The Planning Commission hereby recommends that the City Council approve Tentative Tract Map No. 15326, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996. Re~ording Secretary LOU BONE Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3474 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 1996.· · Recording Secretary EXHIBIT A TENTATIVE TRACT MAP 15326' RESOLUTION NO. 3474 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Within 24 months from tentative map approval, the Subdivider. shall record with appropriate agencies, a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to provisions of the Tustin City Code. (1) 1.2 Prior to release of building permits, all conditions of approval of Conditional Use Permit 96-013, Design Review 96-026 and Variance 96-005 for the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 3475 and incorporated herein by reference. However, the applicant will be permitted to obtain building permits for rehabilitation and creation of model homes prior to approval of a final, map provided approvals have been obtained from the Community Development, Public Works and Fire Departments. (1) 1.3 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act and the City's Subdivision Ordinance. (1) 1.4 Prior to final map approval, the subdivider shall submit: A. A current title report; and Be A duplicate mylar of the Final Map, or 8% inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to Certificate of Acceptance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION ( 6 ) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 3474 Page 2 PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS *** 2.1 Exiting from the proposed westerly driveway shall be prohibited between the hours of 7:00 a.m. and 9:00 a.m. on school days. Signs shall be clearly posted indicating this restriction and instructing vehicles to exit at the easterly driveway. Details of such signs shall be subject to review and approval by the Community Development and Public Works Departments. *** 2.2 Signs shall be posted clearly indicating that the easterly dri-veway is "Exit Only" and not an entrance. Details of such signs shall be subject to review and approval by the Community Development and Public Works Departments. (1) 2.3 The existing westerly driveway t'o be removed shall be (5) replaced w~th curb, gutter and sidewalk constructed to City Standards. Prior to recordation of final map, the Subdivider shall prepare plans for and construct or post security guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards. The above plan shall be prepared by a California Registered Civil Engineer. In addition, prior to the issuance of any permits, the developer shall submit a 24" x 36" reproducible work area traffic control plan, prepared by a California Registered Civil Engineer or Civil Engineer experienced with this type of plan preparation. (1) 2.4 The existing easterly driveway apron shall be reconstructed and the new westerly driveway shall be constructed to meet current Americans with Disabilities Act (ADA) requirements. The maximum ramp slope of the drive apron shall be 10 percent and a 4-foot wide sidewalk with a maximum cross slope ~f 2 percent shall be constructed at the back of the drive apron. Additional street right-of-way dedication will be required to accommodate this construction. (1) 2.5 The amount of acceptable' security for construction of (5) public improvements shall be reviewed and approved by. the Public Works Department. Exhibit A Resolution No. 3474 Page 3 (1) 2.6 Ail construction within a public right-of-way and/or (5) public easement must be shown on a separate 24" x 36" plan with all construction referenced to applicable City and County, standard drawing numbers. (1) 2.7 Proposed private streets shall be designed to the (5) following specifications: (6) a. Ail proposed streets and drives shall be designed in substantially the same width and alignment as shown on the approved Tentative Map unless modified and approved by the Directors of Community Development and Public Works Departments. B , Ail private streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used where practical. Ce Placement of all above-ground facilities, such as signs, street lights and fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the street right-of-way. Sidewalks shall flare around all above ground facilities as required by the Building Division. (5) 2.8 In addition to the normal full size plan submittal process, the following plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format: a. B. C. D. E. Final Tract Map Right-of-'Way maps, Public Works Improvements Private Infrastructure Improvements Final Grading Plans and Site Plans The acceptable formats shall be Integraph DGN or AutoCad DWG file format, but in no case less than DXF file format. The City of Tustin CADD conventions shall be followed in preparing plans in CADD, and these guidelines are available from the Engineering Division. The CADD files shall be submitted to the City at the time the plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. Exhibit A Resolution No. 3474 Page 4 DEDICATIONS/RESERVATIONS/EASEMENTS (1) 3.1 The subdivider shall satisfy dedication and/or (2) reservation requirements as identified in Condition 2.4 above. (1) 3.~- The proposed'development will require annexation to the City of Tustin Landscape and Lighting District. The Public Works Department will require a letter from the property.owner stating that this annexation will not be protested. (1) 3.3 The subdivider will be requried to execute Subdivision and Monumentation Agreements and provide Improvement and Monumentation Bonds. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 4.1 Any damage done to existing street improvements and (5) utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 4.2 Prior to any work in the public right-of-way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. BUILDING/PLAN CHECK (5) 5.1 The Redevelopment Agency shall review and approve all construction drawings, and changes thereto, prior to the issuance of permits, as.'required by the Disposition And Development Agreement between the Redevelopment Agency and the Developer. (5) 5.2 Prior to the re-occupancy or sale of an individual unit, all necessary corrective/replacement work identified in the Buildings Condition Report prepared by The Le Plastrier Companies shall be required, subject to the approval of the Building Official. Said report did not address the conditions of appliances. All appliances shall be replaced, including ovens, cook tops, vent hoods, garbage disposal, dishwashers and water heaters. During the course of construction, should it become apparent that further corrective work is necessary to correct detrimental components of the structures, additional repair work shall be required, subject to the approval of the Building Official. Permits and. Exhibi~ A Resolution No. 3474 Page 5 Inspections shall be required for all removal and replacement construction. (5) 5.3 Prior to the re-occupancy or sale of an individual'unit, all necessary corrective work identified in the Pest Inspection Report prepared by Bug Tech Exterminators, Inc. date stamped received June 5, 1996 shall be completed to the satisfaction of the Building Official. During the course of construction, should it become apparent that further corrective work is necessary to correct termite, dry rot, roach or other insect damage, additional repair work shall be required to free the structures from infestation, subject to the approval of the Building Official. Permits and Inspections shall be required for all removal and replacement construction. (1) 5.4 At building plan check the following shall be submitted: ao Construction plans and calculations shall'be submitted for any new construction or remodeling of existing construction. All plans and calculations shall demonstrate compliance with applicable City and State building regulations. B, Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Addition- ally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building.Official. Ce Final grading and specification consistent with the site plan and landscaping plans and prepared by a Registered Civil Engineer for approval by the Community Development Department. De Final street improvement plans consistent with the site plan and landscaping plans and prepared by a Registered Civil Engineer for approval by the Community Development Department. Landscape and Irrigation plans consistent with the City's Landscape and Irrigation Guidelines. Fo Model complex plans identifying all temporary fencing, landscaping, elevations, parking facilities and other temporary model complex facilities. Exhibit A Resolution No. 3474 Page 6 Ge A sedimentation and erosion control plan for all construction work related to the subject Tract including a method of control to prevent dust and windblown earth problems. Said plan shall be reviewed and approved by the Community Development Department. FIRE AUTHORITY (5) 6.1 Prior to the recordation of any subdivision map or the issuance of any building permits, whichever occurs first, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provision shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (5) 6.2 A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of .lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Be Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (5) 6.3 Prior to the issuance of any grading permits, construction details shall be provided in the construction drawings for the access gate consistent with the approved concept plan. (5) 6.4 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be'completed and submitted to the Fire Chief before the issuance of any building permits. Exhibit A Resolution No. 3474 Page 7 (5) 6.5 Prior to approval of a site development/use permit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plans for the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety Site/Architectural Notes to be placed on the plans. (5) 6.6 Prior to the issuance of any Certificates of Use and Occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. NOISE (1) 7.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. Ail residential dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. (1) 7.2 Prior to issuance of any Certificates of Use or (2) Occupancy, field testing in accordance with the Title 25 (3) regulations may be required by the Building Official to verify compliance with STC and IIC design standards. Exhibit A Resolution No. 3474 Page 8 (1) 7.3 Ail construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance, and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and '9:00 a.m. until 5:00 p.m. on Saturdays, unless otherwise determined by the Building Official. (1) 7.4 Construction hours shall be clearly posted on the site to the satisfaction of the Building Official. CC&R'S (1) 8.1 Prior to approval of the final map, all organizational (3) documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after recordation. CC&R's shall include but not be limited to the following provisions: ae Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a Homeowner's Association, the City shall be included as a party to the CC&R's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected in the following provisions. However, the City shall not be obligated to enforce the .CC&R's. Be The requirement that association bylaws be established. Ce Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, walls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. Do Ee Membership in any Homeowner's Association shall be inseparable from ownership in individual lots. Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, Exhibit A Resolution No. 3474 Page 9 Fe sunshades, trellises, gazebos; awnings, room additions, exterior mechanical equipment, television and radio antenna. Maintenance standards shall be provided for applicable items listed in Section C above in CC&R's. Examples of maintenance standards are shown below: i · Ail common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris and weeds. All trees and shrubs shall : be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. · Ail private roadways, sidewalks and paseos shall be maintained so that they are safe for users. Significant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel ways should be removed or repaired promptly. In addition, the pedestrian access at the main project entry shall remain open and accessible to the public at all times. · Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance, has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or. disrepair cause harm or is materially detrimental to property values or improvements within three hundred (300) feet of the property may also be added as alternative language. Exhibit A Resolution No. 3474 Page 10 Go He I , Jo ne Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the- city of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CC&R's. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking space, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. There shall be no parking of any kind on driveways that are less than 19 feet in length. The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before January 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. The Association shall be responsible for establishing and following procedures for providing entry gate access to the public utilities for maintenance of their facilities within the project area, subject to those agencies' approval. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall (include if the wall is located on private property) or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and Exhibit A Resolution No. 3474 Page 11 maintenance of the project perimeter wall, shall be permitted without the prior written approval of the City of Tustin Community Development Department. Mi Maintenance of all landscaped areas adjacent to E1 Camino Real shall be by the Homeowners Association. No Disclosure to all future homeowners and purchasers of property that surrounding properties may be developed in accordance with City ordinances in a manner which may partially or totally obstruct views from the owner's unit, and that the City of Tustin makes no claim, warranty or guarantee that views from any unit will be preserved as development of surrounding properties occurs. O . Disclosure to all future homeowners of the specific location and type of structures which will be loCated within the public utility easement. ~OMEBUYER NOTIFICATION (1) 9.1 Prior to issuance of Certificate of Occupancy: ae A document separate from the deed sha~l be prepared which will be an information notice to future homebuyer~ of aircraft noise impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination is to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. B . The developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation by the governing school district which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). Ce The Subdivider shall provide the City with a statement which must be signed by each homebuyer which-shall contain a comprehensive'description of all private and public improvements and developments adjacent or in close proximity to the Exhibit A Resolution No. 3474 Page 12 developments adjacent or in close proximity to the proposed development. (1) 9.2 Subdivider shall notify all potential homebuyers of the (5) following Assessment/Maintenance Districts affecting the property: ae City of Tustin Landscaping and Lighting District as amended. AFFORDABLE HOUSING PROGRAM (5) 10.1 The applicant shall prepare an affordable housing program in compliance with applicable pro'visions of California Community Redevelopment Law consistent with the provisions of the Disposition and Development Agreement between the Redevelopment Agency and the Developer. FEES (1) 11.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. ae Street improvement, grading and landscaping plan check and permit fees to the Community Development Department based upon the most current schedule'. S. Building plan check and permit fees to the Community Development Department based on the most current schedule. (1) 11.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a.cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City'to file the appropriate environmental'documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted Check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. Exhibit A Resolution No. 3474 Page 13 In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.